Opinion
2:23-cv-00571-JLR
05-09-2023
615 SW AMBAUM CONDO ASSOCIATION, Plaintiff, v. ASPEN SPECIALTY INSURANCE COMPANY, Defendant.
GORDON TILDEN THOMAS & CORDELL LLP Attorneys for Plaintiff Kasey D. Huebner. PREG O'DONNELL & GILLETT PLLC Attorneys for Defendant Justin E. Bolster. LOBMAN, CARNAHAN, BATT, ANGELLE & NADER Attorneys for Defendant Benjamin J. Russell, Charles R. Rumbley, James P. Nader.
GORDON TILDEN THOMAS & CORDELL LLP Attorneys for Plaintiff Kasey D. Huebner.
PREG O'DONNELL & GILLETT PLLC Attorneys for Defendant Justin E. Bolster.
LOBMAN, CARNAHAN, BATT, ANGELLE & NADER Attorneys for Defendant Benjamin J. Russell, Charles R. Rumbley, James P. Nader.
STIPULATED MOTION AND [PROPOSED] ORDER TO STAY
Honorable James L. Robart U.S. District Court Judge.
STIPULATION
Plaintiff 615 SW Ambaum Condo Association (“Ambaum”) and Defendant Aspen Specialty Insurance Company (“Aspen”), stipulate and agree as follows:
1. Ambaum is the association of owners who own condominiums in a building locatedat 615 SW Ambaum Boulevard, Burien, King County, Washington (“Condo”).
2. This is an insurance coverage lawsuit arising from a March 13, 2021 fire at theCondo.
3. Aspen provided property insurance coverage to Ambaum for the March 13, 2021 fire.
4. Ambaum filed a Complaint in King County Superior Court against Aspen seeking additional payment under the Aspen policy resulting from the fire.
5. Aspen timely removed this lawsuit to federal court.
6. Ambaum filed suit solely to preserve its rights under the Aspen insurance policy, which contains a provision stating that suit must be filed within two years after the date of loss.
7. Ambaum filed suit before the repairs to the Condo were complete solely to avoid waiving rights against Aspen.
8. As a result, Ambaum's insurance claim remains pending and is still being adjusted, and this case is not ripe for final resolution.
9. Ambaum and Aspen ask the Court to stay this matter until November 30, 2023.
10. If the Court enters the requested stay, Ambaum and Aspen stipulate that they will not take any action related to this lawsuit without Court approval until November 30, 2023, at which time they will (1) advise the Court that this case is ripe for resolution and/or litigation or (2) request a continuance of the stay.
11. Either party may ask the Court to terminate this stay upon 30 days' written notice to the other party.
[PROPOSED] ORDER
This matter is stayed until November 30, 2023. On or before November 30, 2023, the parties will (1) advise the Court that this case is ripe for resolution and/or litigation or (2) request a continuance of the stay for good cause.
Either party may ask the Court to terminate this stay upon 30 days' written notice to the other party.